PROCEDURE-COURT

Users' Claim That Airbnb Acted as Unlicensed Real Estate Broker Must Go to Arbitration

March 26, 2018    

Two individuals who registered accounts with Airbnb to list apartments for rentals sued Airbnb in federal court, claiming that Airbnb violated Real Property Law Section 440, and General Business Law Section 349 by...

NYCHA Affidavits of Service of Rent Demands Contained False Statements

March 26, 2018    

Landlord NYCHA sued six tenants for nonpayment of rent and later sought default judgments from the court when tenants failed to respond. The court clerk found irregularities in the delivery of rent demands to these...

Landlord Can Add Additional Rent Accruing Since Rent Demand to Court Petition

March 26, 2018    

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.)

Tenant Showed Good Excuse for Missed Court Date

February 14, 2018    

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant then asked the court to vacate the judgment and...

Tenant Can't Vacate Prior Attorney's Consent to Judgment for Landlord

January 26, 2018    

Fannie Mae, as landlord, sued to evict tenant in a post-foreclosure eviction proceeding. Landlord and tenant, represented by an attorney, signed a settlement agreement. Tenant agreed to move out in three months, and...

Tenants' Claims Against Landlords Didn't Qualify for Class Action

December 20, 2017    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and that landlords illegally or fraudulently engaged in a scheme to inflate rents in over 20...

Court Won't Discontinue Nonpayment Case

December 20, 2017    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $1,000 through April 2016. The court ruled for landlord based on tenant's failure to respond. Tenant later asked the court to...

Landlord Didn't Properly Describe Building's Regulatory Status

September 28, 2017    

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory...

Landlord Showed No Good Faith Attempt to Determine If Tenant Tried to Cure

September 27, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease and for illegally subletting the apartment. Tenant claimed that landlord waived any right to evict her for having the dog. Tenant also claimed...

Landlord's Notice to Terminate Assisted Living Residency Was Insufficient

September 24, 2017    

Landlord sued to terminate the admission agreement of an assisted living resident under Social Services Law Section 461-h. Landlord claimed that the resident failed to pay her rent. Resident claimed that landlord...

Tenant's Deposit of Rent Check into Bank Lock Box Didn't Create Waiver of Termination Notice

September 24, 2017    

Westchester County landlord sued to evict tenant for breaching her lease based on apartment conditions. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's acceptance of a rent...

Landlord Can Amend Defective Verification of Court Petition

August 29, 2017    

Landlord sued to evict tenant, claiming that the building wasn't a multiple dwelling and that tenant was unregulated. Tenant asked the court to dismiss the case because the termination notice and court petition...

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